bpv Legal | Czech Republic: Third success at the court of appeals in the recycling fees case

The energy team of bpv BRAUN PARTNERS scored a major success for defending their clients’ interests when they won an appeal on “refunding” recycling fees. This represents the third win in lawsuits seeking damages from the state.


20. December 2018. Marc Müller, partner and head of the energy legal team, states: “I am glad that the court of appeals in the first matter confirmed our firm’s expert opinion that the Czech state acted in error when it imposed the obligation on solar power operators to pay recycling fees for solar panels put on the market after August 13, 2005. This is a groundbreaking ruling for all photovoltaic power plant operators in the Czech Republic, because they can use it to seek compensation for fees they should never have paid. The situation continues to improve for operators, as the earlier final ruling from the court of appeals is now being followed up with rulings from other panels of judges at the court of appeals, the most recent dated today.”


bpv BRAUN PARTNERS has been representing clients in this matter since 2012. Another significant statement in this matter comes from the European Commission, which bpv BRAUN PARTNERS approached for a confirming statement before the case was opened.
“Everyone who paid the recycling fee in accordance with the obligation imposed still has the opportunity to have their case reviewed.” Mgr. Pavel Vincík, head of litigation at bpv BRAUN PARTNERS, adds: “We are currently working on a second pool of claimants affected by the same unlawful action on the part of the state. We have the years of experience and now, with these latest rulings, a real ‘ace up our sleeves’.”